Text
1. The defendant shall be the plaintiff.
(a) KRW 463,726,288 and its weight, KRW 1) 278,559,628 shall be from August 8, 2014 to 2) 15,430.
Reasons
Basic Facts
Contract (production of Elevators)
1. Construction name: Construction works for replacing mobilization failure elevators;
2. Place of construction: Busan Jin-dong 1-12.
3. Date of payment: January 31, 2013;
4. Contract amount: The contract amount of KRW 1,11,00,000 (including value-added tax) (1) of the terms and conditions of the contract shall be paid as follows:
1. Contract deposit (in the case of a contract): 277,750,000 won
2. Part payments (when main materials are taken in): 277,750,000 won;
3. Balance balance (divisiond without interest for 36 months after completion inspection): Article 14 (Guarantee of Products and Defects) (1) The Plaintiff guarantees the performance and standard of machinery pursuant to the separate specifications, and simultaneously guarantees the performance of machinery for 3 years from the date the installation work is completed and delivered to the Defendant;
(2) Any breakdown or damage caused by a defect in the machinery itself shall be immediately replaced or repaired at the expense of the plaintiff, except for any breakdown or damage caused by negligence or negligence in the management of the defendant during the guarantee period prescribed in paragraph (1).
On June 28, 2012, the Plaintiff entered into a contract with the Defendant for the installation of elevator (hereinafter “instant elevator”) with the following contents (Evidence A 1; hereinafter “instant contract”).
B. On December 31, 2012, the Plaintiff completed the installation of an elevator in accordance with the instant contract and received an occasional inspection for each elevator, and delivered the elevator to the Defendant.
C. The Defendant paid the Plaintiff the down payment and intermediate payment as stipulated in the instant contract, but did not pay the remainder of KRW 555,500,000.
[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A Nos. 1, 2, and 3, Claim by the parties to the whole pleadings
A. Since the contract of this case is effective on the part of the plaintiff's main claim 1, the contract of this case shall be effective on the defendant, the defendant shall pay the plaintiff the balance of 55,500,000 won as stipulated in the contract of this case.